Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13268 of 2025 Arising Out of PS. Case No.-249 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Prakash Sah S/O Mahanth Sah @ Chhotelal Sah Resident of village - Pokhara Sheikh Toli P.S- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Harsidhi P.S. Case No. 249 of 2023 dated 15.04.2023 registered for the offences punishable u/ss 304, 308, 328, 201/34 of the Indian Penal Code but subsequently added with Sections 272, 273 of the I.P.C. and Sections 30(a), 34, 37 and 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, two persons died due to consumption of some poisonous substance served by unknown persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.13268 of 2025(2) dt.05-03-2025 2/2 this case. There is general and omnibus allegation against the petitioner. The name of the petitioner has transpired in this case merely on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by this Court vide order dated 27.06.2024 passed in Cr. Misc. No. 26351 of 2024. The petitioner has four criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody since 11.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran in connection with Harsidhi P.S. Case No. 249 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T